9911796707
TMI Blog2022 (9) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... cate, and Ms. Garima, Advocate, for the petitioner. Mr. Satya Pal Jain, ASGI with Mr. Dheeraj Jain, Sr. Counsel for Union of India. Sh. Deepak Suri, Advocate, For respondent No.2 Reserve Bank of India. Mr. Vivek Chauhan, AAG, Haryana. VINOD S. BHARDWAJ. J. 1. The present writ petition has been filed under Articles 226/227 of the Constitution of India, 1950 seeking issuance of a writ of mandamus directing the respondents to exchange the amount of Rs.9,00,000/- in old currency notes seized by the Police Authorities under an order of seizure in terms of order dated 27.03.2017 (Annexure P-5) by respondent No.5. 2. Briefly the facts of the case are that the petitioner was carrying an amount of Rs.9,00,000/- in his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the order dated 27/03/2017 issued by respondent No.5 in favour of the respondent No.4. It has also been sought to direct Respondent no.4 to allow the petitioner to deposit the old demonetised currency amounting to Rs.9,00,000/- during the pendency of the present case. 4. That in compliance with the order dated 24.05.2017 passed by this Hon'ble Court directing RBI to file reply affidavit, the answering respondent file this reply affidavit for the limited purpose of placing on record the position in law as regards the provisions of the Specified Bank Notes (Deposit of Confiscated Notes) Rules, 2017 (hereinafter referred to as SBN Rules) issued by the Central Government on May 12, 2017 in exercise of the powers conferred by sub-se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turned by the court to a person who is a party in case pending before that court then, the person shall be entitled, on production of the direction of the court, to deposit or exchange such SBNs, the serial numbers of which (i) have been noted by the law enforcement agency which confiscated or produced them before the court; and (ii) are mentioned in the direction of the court; (b) in case SBNs are forfeited in favour of the Central Government or the State Government by an order of the court, then, that Government shall be entitled, on production of the direction of the court, to deposit or exchange such SBNs; or (c) in case SBNs are placed in the custody of any other person by an order of the court on or before the 30t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are mentioned in the direction of the court. That in case the Petitioner produces the direction as stated in the notification of the Central Government dated May 12, 2017, the Respondent RBI shall consider the same and take a decision regarding exchange/deposit of the said SBNs. 5. In view of above, the present writ petition is disposed of. The petitioner shall approach the respondents within a period of 04 weeks of receipt of a certified copy of this order whereupon the respondents shall exchange the old demonetized currency notes with new currency notes subject to the petitioner fulfilling the terms and conditions mentioned above, within a period of 04 weeks of the petitioner approaching the respondents. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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